2.4.4. Movement of persons, including movement of workers and co-ordination of social security
(34)
Full implementation of commitments under Article 23 of PCA (Labour conditions)
1. Ensure full application of the best endeavour clause by abolishing all
discriminatory measures based on nationality which affect migrant workers, as
regards working conditions, remuneration or dismissal.
Was developed and presented to the Government the draft lw on migration ofr work in order to regulate the processes of emigration and immigration of work.
For the coordination of the activities of the private agents for placing people on jobs in foreign countries, was organised two seminars that discussed the relevant problems in the area and information was presented regarding the ratification and implementation of the relevant international Conventions in the field.
The fisrt report on implementation of the Convention 97 of the ILO on the migration with work purposes, which after the consultation with social partners will be presented to the Norm Committee of the ILO.
In the reporting period were organised visits to Portugal, Spain and France with the objective of exchange of experience and intensification of inter – states relations in the field of migration. During the visit to the republic of Portugal the problems of the Moldovan diasopora in Portugal were disscused. The recommendations, of the Veneto Lavoro, Corporative Association Friuli Venezia (Inalia) and Unions de Pagesos (Spain) representatives of instituing of a number of projects in the field of circular migration for work and the return of the migrated workers were examined.
The draft Agreement between the Republic of Moldova and France on the regulation of the migrational flows of labor power between both states was developed and negotiations upon it were launched.
MET
(35)
Full implementation of commitments under Article 24 of PCA (Coordination of Social
Security)
Continue process of concluding Agreements with Member States on the full application of provisions on coordination of social security as contained in Article 24 of PCA
In the period of 27 – 30 of Novembre 2006 the ninth round of negotiations on the text of the Bi-lateral Agreement in the field of social security between Moldova and Romania was organised.
It was agreed that in the first quarted of 2007 the romanian side will send to the moldovan side all the sugestions on the text of the agreement for administrative arrangements of agreement apllication, consequently its negotiations will take place in Chisinau in the first half of the year 2007.
It was developed and sent to the Ministry of Foreign Affairs and EU Integration the set of acts for the statement of the proposal for initiation of the negotiations on the draft Agreement between Moldvoa and Romania in the field of social security;
The translation to French of the draft agreement between Moldova and France in the field of social security was finalised and it is to be sent to the French together with the proposals for signing such an agreement in the respective field;
The translation of the agreement between Moldova and Bulgaria in the field of social security into russian was perfomed;
During May 2007
Translation of the draft agreement into English in the field of social security was made, that is going to be adopted on the agreement of the respective states: Italy, Greece and Spain.
The draft agreement between Moldova and Bulgaria in the field of social security was translated into Romanian and Russian and is to be sent for review;
In order to facilitate the negotiations and the agreement on the social security EU member states, a framework agreement was developed, that at the moment is reviewd internally and later on will be sent to EU member states for negotiations.
Also the agreements in the field of social security with the following state: Greece, Italy, Spain, are being internally reviewed. To the relevant instituions of France and Luxemburg the draft agreements were already sent for review and comments, in order to proceed with their negotiation.
MET
MH
2.4.5. Other key areas
Taxation
(36)
Development and implementation of a tax system and its institutions based on international and European standards.
Ensure that national tax legislation is fully compatible with WTO norms, including provisions for the determination of the place of supply of services in order to prevent double taxation, for fully non-discriminatory VAT and excise taxes, and for refund of VAT to non-established foreign taxable persons.
By the Decision no. 626 of 5th of June 2007, the government adopted a draft law for amending and complementing a number of legislative acts, inclusively the title III and IV of the Fiscal Code, that foresees the fiscal policy, VAT and accisize measures for the purpose of compatibility of the national fiscal legisaltion with WTO provisions, that are part of the Objectives of the Fiscal Policy and Policy for fiscal administration for the years 2008-2010.
The ministry of Finance requested the tehnical assistance from Holland and Czech Republic on the development of the norms on the reimbursement of VAT for non residents.
The study of the international fiscal legisaltion what regards to the reimbursement of the VAT to the non residents.
MIN FIN
MET
Develop and begin implementing a comprehensive Strategy for the Tax Administration, with particular attention to strengthening the tax collection and control systems.
Implemented in 2006
In 2006 the Development Strategy of the State Fiscal Inspectorate for years 2006-2010 wad approved through Decision of the Government of the Republic of Moldova no. 1208 from 20th of October 2006 and published in the Monitorul Oficial no. 170-173(1951-1954).
MF
As Moldova comes closer to the internal market, adoption of and compliance with the principles of the EU Code of Conduct for Business Taxation.
On the 25th of January 2007 the Ministry of Finance of the Republic of Moldova benefited from a consultative support of an expert from the Ministry of Finance of Lithuania by means of development and implementation of the Code of Conduct for Business Taxation.
Assistance was requested by means of TAIEX in the organisation of the seminar on the development and implementation of the respective Code.
The Action Plan for the implementation of the measure “implementation of the Code of Conduct for Business Taxation”, with the implication of the Ministry of Economy and Trade, Ministry of Foreign Affairs and European Integration in its development.
The 1st measure from the Action Plan on the development and implementation of the Code of Conduct for Business Taxation was initiated and continues with the comparative analysis of the fiscal measures, including the fiscal facilities on corporate taxes existent in the national fiscal legislation.
The Ministry of Finance addressed the Ministry of Foreign Affairs and European Integration for technical assistance from the German Federal Republic and from Lithuania on the implementation of the 1st measure from the Action Plan.
The Federal Minister on Economic Cooperation and Development (BMZ) of the German Federal Republic gave his consent on the financing of the work of a German expert who would assist in the implementation of the Code of Conduct in Business Taxation.
MF
Complete, where appropriate, the network of bilateral agreements between Moldova and EU Member States on avoidance of double taxation.
Starting with 1st of January 2007 the Convention between Republic of Moldova and Republic of Slovenia was put in force on avoidance of double taxation and prevention of tax evasion on income and property tax.
On the 16th of February 2007 the Convention between the Government of the Republic of Moldova and the Government of Ireland was negotiated and signed on the avoidance of double taxation and prevention of tax evasion on income tax.
On the 22nd of February 2007 the Convention between the Government of the Republic of Moldova and the Government of the French Republic on avoidance of double taxation and prevention of tax evasion on income tax.
MF
Competition policy
(37)
Implement commitments on State aid under Article 48/2.2 of the Partnership and Cooperation Agreement, by developing full transparency in the field of state aid.
Establish a binding, uniform definition of State aid which is compatible with that of the EU (either by legalisation or autonomous government act);
The NAPC drafted the law on state aid, with the intention to regulate the methods of authorisation, granting, control, monitoring and reporting of state aid. Article 3 of this draft law proposes a new, uniform and compulsory definition of state aid, which is compatible with the definition of the state aid provided for in article 87 of the Treaty Establishing the European Communities. To ensure full conformity of the respective draft law with the EU legislation, it was transmitted for comments to an EU expert through the means of the TACIS project. After de receipt of the comments from the EU expert, the draft law will be sent to the respective authorities for comments.
NAPC
Establish full transparency as regards State aid granted in Moldova, in particular by (i) drawing up a complete list of aid grantors, (ii) creating a national mechanism for centralising all information on state aid granted in Moldova, with a view to drawing annual reports on the amounts, types and recipients of aid;
In order to ensure complete transparency on state aid issues in Moldova, the NAPC, through the means of a TAIEX project of the European Commission, has organised, in the period of 27-28 of September, a national level seminar with the participation of experts from the EU specialised on issues of state aid. The seminar attended representatives of decision-making bodies in the state aid sphere of Moldova. The main aimed results of the seminar are:
Formulation of al list of institutions/bodies that offer state aid;
Creation of a national mechanism on centralised gathering of the information on state aid granted in Moldova.
General Director and Deputy Director of the NAPC participated in the International Seminar on State Aid, organised in Bruxelles in the period of 29-30 March 2007, as a result of which an evaluation of the current situation in Republic of Moldova on state aid was possible to undertake and planning of actions that should be undertaken by the NAPC in order to fulfil the obligations under the EU-Moldova Action Plan have been pursued.
This action is in process of completion. It should be mentioned here that while the legal framework on state aid is being formulated, account is taken of the exigencies of the EU legislation in the field.
NAPC
(38)
Implement, and build upon, commitments on anti-trust under Article 48.2.1 of the Partnership and Cooperation Agreements by ensuring adequacy and compatibility with the EU of the domestic anti-trust legislation and control regime.
1. Assess the effectiveness of the current legislative framework (competition law 0f 2000) including respect of the principles of non-discrimination, transparency and procedural fairness;
NAPC conducted a research on the current legal framework on the protection of competition and for the purpose of its improvement, drafted amendments and add-ons to a list of laws, the provisions of which have been harmonised with the Community legislation. The draft law has already been commented by the interested central public bodies, approved by the Government and will passed to the Parliament for examination and approval.
NAPC
2. Ensure enforcement of the competition law, in particular by:
a. Establishing the National Agency for the Protection of Competition provided for in the law of 2000, as a politically independent institution.
b. Ensuring adequate legal powers for the competition agency, including decision-making powers; the right of own initiative investigations, enforcement orders and effective sanctions (e.g. fines).
c. Ensuring adequate human and financial resources, as well as training of staff in the competition administration.
For the purpose of enforcing the legislation on competition, the following actions have been taken:
a). The NAPC was established through the Decision of the Parliament no. 21.-XVI from 16.02.2007, as a politically independent, permanent public administration body with legal personality, being independent of the activity of other public administration bodies and whose responsibilities is to promote the state policy in the field of protection of competition.
b). In accordance with the Regulation of NAPC, adopted by Law no. 1103-XIV from 30.06.2000, the NAPC is invested with adequate powers, including the right to own initiative investigations, access to information, application of sanctions, issuance of enforcement orders and other powers, necessary for the enforcement of the legislation in force. At the same time, the draft amendments and add-ons to a list of legislative acts, prepared by the NAPC, include such features as the mechanism of application of sanctions, including fines, if there is a breach of the legislation on protection of competition.
c). 1. For the purpose of ensuring the NAPC with human resources, the Administrative Council of the NAPC approved the personnel structure, which contains 41 posts for the functioning of the agency. Presently, around 70% of the posts are filled in.
2. For the purpose of ensuring adequate financial resources, the NAPC received an allocation from the Government an additional amount the planned budget, for the procurement of furniture and technical equipment. The tender took place and before the end of August NAPC received all the necessary equipment.
3. For the purpose of training of staff, the following activities have been organised:
3.1 Two study visits - one to the Office for the Protection of Competition of the Czech Republic and another one to Council of Competition of the Republic of Estonia, the result of which was:
- acquaintance with the peculiarities of the activity and the experience of the above-mentioned institutions;
- analysis of actual cases registered with the activity of the respective institutions;
- establishment of a basis for future cooperation with the purpose of exchange of experience and information between NAPC and the mentioned institutions..
3.2 Through the TAIEX instrument, NAPC hosted an expert from the Hungarian Competition Authority between 14.05.2007 and 16.05.2007. During the meetings the experience of Hungary in the field of competition and the best practices of examination and elimination of breaches in this field has been analysed.
3.3 During 29.05.2007 – 01.06.2007 the General Director of NAPC participated at the international conference organised by the International Network for Competition, which took place in Moscow, where all heads of competition authorities in the world participated.
3.4 During 20-21.06.2007 an expert from the Federal Commission for Trade (similar authority to NAPC) from the United States of America visited NAPC with the purpose to organise a training for the NAPC employees on issues related to competition, as well as sharing of the United State of America experience in their resolution.
The internal process of conclusion of cooperation agreements has been initiated to allow for exchange of information and experience with the competition authorities of Hungary, Romania, Czech Republic, Russian Federation, and Armenia.
NAPC
Intellectual and industrial property rights
(39)
Ensure a level of protection similar to that in the EU, including effective means of enforcement, in line with provisions in Articles 49 & 50 of the PCA
- Apply international standards in this area, including in particular the TRIPS agreement
In the process of finalisation
With a view of ensuring protection of intellectual property rights at the level similar to the one of the European Union, the Republic of Moldova adopted important measures as to bring the national legislation in this field in line with the requirements of international treaties in this field, particularly with those envisaged in the World Trade Organization (WTO) Agreement on Trade-Related Intellectual Property Rights (TRIPS).
Thus, in the process of the Republic of Moldova’s adhesion to the WTO, the legislation on intellectual property rights was significantly modified as to bring the national regulatory framework in the field of intellectual property in compliance with requirements of the TRIPs Agreement. This process encompassed modification of both laws that ensure protection of intellectual property rights in the specific fields (trademarks and appellations of origin, patents for inventions, varieties of plants, industrial designs and drawings, integrated circuit topography, copyrights and related rights), and administrative, civil, and criminal legislation (the Customs Code, the Criminal Code, and the Administrative Offence Code were brought in line with TRIPS).
As for the domestic-wise application of international standards, envisaged in other international acts which the Republic of Moldova signed as Member state (List of international acts in the field of intellectual property to which the Republic of Moldova is a Member state is shown in Annex No. 1), such application is ensured by the fact that, on the one hand, international acts enter into the national regulatory framework and prevail the national legislation in case of discrepancies. On the other hand, following ratification or adhesion to any given international act, the Moldovan legislation in the corresponding field would be examined each time, and, if necessary, would be modified as to comply with the corresponding treaty or agreement.
The new drafts, worked out for this purpose, are at the different stages of examination:
1. Law on Protection of Industrial Designs and Models was approved by the Parliament Decision No.161 of 12.07.2006, published in the Official Monitor of the Republic of Moldova of 31.08.2007, and will come into force 3 months upon publication thereof;
2. Draft Law on Protection of Investments was passed to the Government for examination and approval (21.09.2007).
3. Draft Law on Protection of Trademarks was coordinated with the corresponding institutions and passed to the Ministry of Justice (21.09.2007).
4. Draft Law on Protection of Geographical Indications, Appellations of Origin, and Traditional Specialties Guaranteed was coordinated with the corresponding institutions and passed to the Ministry of Justice (21.09.2007).
5. Draft Law on Protection of Plants was coordinated with the corresponding institutions and passed to the Ministry of Justice (21.09.2007).
6. Draft Law on Copyrights and Related Rights is being finalized. This draft law will be passed for coordination and notification to the interested authorities by the end of September.
All draft laws mentioned above have been drafted with the assistance of the EU experts and placed on the website of the Agency for the Protection of Industrial Property (APIP) for public debate. The drafts were presented to interested parties during a number of round tables organised by APIP for different categories of auditoria.
APIP
Ensure proper functioning of the judicial system to guarantee access to justice for right-holders and availability and effective implementation of sanctions.
Current legislation of the Republic of Moldova provides for non-discriminatory access to justice to all right holders, including intellectual property right-holders.
To ensure public access to legal information and jurisprudence in this field, a constructive dialogue was initiated between AGEPI, Court of Appeal, and Supreme Court of Justice as to find an optimal way to create an informational system for court decisions regarding the intellectual property cases.
In order to ensure the access of the public to information of legal nature and the case-law in the field of protection of intellectual property rights, the following have been undertaken:
- a database with the court decisions on IP. The database can be accessed through the website of APIP: www.agepi.md/md/decizii_judecata/index.php;
- electronic management of data on litigation in the field of IP examined by the Appeal Commission of APIP (Database “Appeal Commission”) and those under examination in courts of law and where APIP is a party to (Database “Administrative”);
- publication of the summaries of decisions in the Official Bulletin of Industrial Property;
- notification (through e-mail and the website of the APIP) of interested parties on the draft amendments and the amendments applied in the national legislation on the protection and observance of intellectual property rights;
- presentation of relevant information (legislative news and case studies) during seminars, round tables organised by APIP.
Reorganized was the AGEPI’s Committee of Appeal (the administrative body for out-of-court solution of disputes in the field of intellectual property), and a new Regulation of Committee’s Activity was elaborated and enforced on January 1, 2006.
APIP
Consolidation of the relevant institutional structures, as well as of the offices for industrial rights, copyrights protection and collective societies. Extend cooperation with third country authorities and industry associations.
